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June 29, 2020 by admin

Lawsuits Against Military Hospitals

In the past, military personnel have not been permitted to file medical malpractice claims against the government. In 1950, in a case known as Feres v. United States, the United States Supreme Court ruled that the U.S. is not liable under the Federal Torts Claims Act (FTCA) for injuries active duty military members received; this became known as the Feres Doctrine. The FTCA is a federal law that allows private citizens to seek compensation from  the United States for a variety of torts, including injuries caused by government employees acting on behalf of the U.S in car accidents, medical malpractice cases, slip and falls, and certain wrongful death and personal injury lawsuits.

In 2020, the National Defense Authorization Act (NDAA) passed a provision that allocated $738 billion to the U.S. military. The NDAA is a federal law that establishes the budget, expenses, and policies of the U.S. Department of Defense. The money will act as compensation for those members of the armed forces and their families who have been victims of medical negligence. One expert on the Feres Doctrine, said, “over the years, the Feres Doctrine has ‘wreaked havoc’ on tens of thousands of injured military personnel and their families.”

For example, a United States Army Special Forces sergeant was a victim of the doctrine. He suffers from stage 4 lung cancer and claims his doctors at an Army Medical Center initially misdiagnosed his condition, causing him to lose precious treatment time. In June 2017, the sergeant was diagnosed with stage 4 lung cancer. This was months after he initially went to the medical center in January due to trouble breathing. After running a variety of tests and scans, his doctors diagnosed him with pneumonia and sent him home. In May of that year, however, the sergeant came back to the emergency room complaining of shortness of breath. It turned out that the initial scan from 5 month prior had shown a tumor in his lung.  The original radiologist had misread the x-ray and missed the tumor.  It was not until he re-visited the hospital that a new doctor re-reviewed and correctly interpreted the old scan as showing cancer. By that time, his tumor had doubled in size.

A slew of publicity arose about the sargeant’s misfortune in 2019.  As a result, in December of 2019, the President signed the NDAA for the fiscal year of 2020 including the exemption of medical malpractice from the Feres Doctrine.  Experts believe that the doctrine should be overturned in its entirety, and while this is a step in the right direction, more can be done for members of the military. As of January 1, 2020, members of the armed forces can file for compensation for medical malpractice incidents with the legal assistance of a lawyer, like a medical malpractice lawyer in Cleveland, OH from Mishkind Kulwicki Law Co., LPA, that happened before a 3-year statute of limitations expires.

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June 29, 2020 by admin

How Long Do You Have to Go to a Doctor After a Motorcycle Accident Caused by a Pothole?

Personal Injury Lawyer

Potholes are responsible for $3 billion in damage to vehicles every year. Tire punctures, bent wheels, and damaged suspensions all require repairs.

For motorcycle riders, however, potholes represent a danger that goes beyond property damage. A rider who hits a pothole risks losing control of the bike. Crashes caused by potholes can lead to broken bones, facial scarring, joint injuries, road rash, torn muscles, and other serious injuries. Even the best motorcycle helmets leave riders vulnerable to traumatic brain injuries.

The state, county, or city government that owns a road has an obligation to maintain it. Local governments that don’t want to raise taxes tend to forego necessary repairs. When they do fix potholes, they often do a shoddy job. Filling a pothole with sand or loose gravel can be just as dangerous for motorcyclists as making no repair at all.

Motorcycle accident lawyers help motorcyclists recover compensation when they are injured because of the government’s failure to repair potholes. Lawyers can provide valuable advice about the deadline for making a claim. Riders need to be aware of the statute of limitations that sets a deadline for filing suit, but they also need to know about the deadline set by laws that require a notice of claim to be presented to the government before a suit can be filed.

When to See a Doctor After a Motorcycle Accident Caused by a Pothole

The starting point in seeking compensation for motorcycle accidents caused by a pothole is to see a doctor. Motorcyclists need to prove they were injured before they can collect injury compensation. That proof is usually supplied by medical records.

There is no fixed time limit for seeing a doctor, but there are good reasons to see one immediately after the accident occurs. Delayed treatment delays healing. Motorcycle riders might be tempted to “walk it off” after they injure a knee or ankle, but joint injuries can become permanent injuries if accident victims continue to use the damaged joints. If an injury needs a cast or a walking boot, failing to treat it promptly can lead to long-term woes.

Head injuries that may not seem to need treatment could prove to be fatal. Any concussion can cause bleeding or swelling of the brain. A neurologist or other doctor who has been trained to examine brain injuries should rule out the need for immediate intervention. By the time a swollen brain produces more pain than a mild headache, it may be too late to save the victim’s life.

Reasons to See a Doctor Promptly After a Motorcycle Accident Caused by a Pothole

In addition to improving treatment outcomes, seeing a doctor soon after an accident improves settlement outcomes. Government claims managers and insurance adjusters base injury settlements on medical records. The more carefully an injury is documented, the more likely they will be to offer a reasonable settlement.

When motorcyclists do not visit a doctor soon after the accident, claims managers jump to the conclusion that a later accident must have caused the injury for which treatment is provided. A lawyer, like a motorcycle accident lawyer, may be able to prove that the pothole accident caused the rider’s injuries, but that proof becomes much more difficult when the rider delays a visit to the doctor.

For the same reason, it is important for motorcycle accident victims to continue their treatment until they are discharged. Failing to keep or reschedule appointments sends the message that the injury must have healed. If the accident victim argues that the injury is still painful when it is time to settle, the claims manager will not believe that the pain is real unless the victim has consistently followed a doctor’s treatment advice. Accident victims hurt themselves financially as well as physically by failing to follow a doctor’s orders.

Thank you to the experts at Butler Law Firm for their input into motorcycle accidents and the law.   

Filed Under: Uncategorized

June 27, 2020 by admin

I was in a car accident and the other driver was at fault; their insurance company says it can send me a check right away. Should I take it?

It can be tempting to accept an offer from an insurance company following a car accident that was not your fault, but it might not be in your best interests to do so.

You may feel pressured to take an initial settlement by the other driver’s insurance company, but you do not have to accept it, even if they tell you the settlement they are offering is non-negotiable.

If the damage to your vehicle is minor and you were not injured in the accident, accepting a check from the other driver’s insurance company is most likely the right move.

But if you’re unsure about the costs of your treatment, don’t have a concrete timeline about if and when you can return to work, don’t accept their offer. An insurance company may even send you a check as enticement, but it’s important that you don’t immediately cash it, since this will erase your chances of pursuing a lawsuit, a move that could potentially leave you with mounting medical bills at the end of your treatment.

If you have lost work due to the accident, the offer of a financial settlement can be hard to resist, but insurance companies know this, and are most interested in resolving your case for the lowest sum possible. That’s how they stay profitable.

If there is any chance that your injuries could lead to long-term health issues, lost wages, or physical therapy, it’s imperative to hire a personal injury attorney to protect your interests.

Those who hire a personal injury attorney generally receive a larger settlement than those who don’t, and if you have sustained injuries that could require extensive care, any extra money he or she can obtain on your behalf will be important to cover those costs.

A personal injury lawyer can also help prevent you from hurting yourself financially during contact with the other driver’s insurance company. An adjuster will contact you following an accident to discuss the details leading up to the crash. Because you may inadvertently admit fault during this interview, talking to a personal injury attorney prior to the call can prevent you from making a costly mistake.

While seeking medical treatment should be the first step in your recovery, if you have been injured, a call to a personal injury attorney should be your second.

That initial consultation will give you an idea of what types of settlements similar cases generate, and you will get a better idea of how to answer questions if an adjuster calls, or if you should forward those calls to your new attorney.

You don’t want to accept a settlement that fails to cover the cost of your medical care, pain and suffering, or other expenses.

If you have been in a car accident that was not your fault, contacting a personal injury attorney is the smartest move to make. Your lawyer will let you know if you should accept the initial settlement or if it is more prudent to hold out for more.

Personal injury attorneys, like Auto accident lawyer Boca Raton FL, usually offer free initial consultations, and if they take your case, attorneys from The Law Office of Eric H. Luckman, P.A will work on a contingency, which includes a percentage of your settlement after your case is won, so there are no out-of-pocket expenses.

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June 25, 2020 by admin

The Importance of Reporting Injuries On Time

When it comes to reporting a workplace injury, most states require you do it in a short period of time. Some states ask that you report it “promptly,” while others allow only 30 days or 90 days. In most situations, if you are late, you will forfeit your entitlement to compensation. The time limit begins on the day you are injured.

Are There Any Exceptions?

Many rules have exceptions, including reporting your workplace injury on time. There are some states that will excuse a late report, but only under very specific circumstances, and only up to a certain time. Some exceptions include the following.

  • You were in quarantine and unable to contact anyone. This could happen if you caught a pandemic-level illness while at work, such as being exposed to COVID-19 while on a service call.
  • You were in a coma or were otherwise mentally incapacitated and unable to understand your injuries or the fact you needed to report them.
  • Your employer didn’t have workers’ comp rules and regulations posted in the workplace, so you didn’t know what you needed to do.
  • Your supervisor was there for the accident and should have known about it without you having to make a report.
  • You didn’t realize an injury was related to your employment until you saw a few different medical specialists over the course of a few months.

What Should You Do If You’re Late?

If you are late reporting your injury, you could try to report it anyway to see what happens. In most cases, it will get denied, but you can then appeal the decision. If you have a legitimate reason to file late, such as one of the exceptions stated above, you could include that in your claim so you don’t have to go through the appeals process after a denial.

Should You Involve an Attorney?

Any time you experience a workplace injury, it will do you good to consult with an attorney. Even if your case ends up being simple and easy, it’s nice to have an attorney by your side to walk you through the process. If it turns out you were late and decide to file an appeal, your attorney will be prepared with all the details already.

To get started by getting your questions answered, contact a work related injury lawyer,  like one from Polsky, Shouldice & Rosen, P.C.   Whether you’re late reporting, have a legitimate excuse or aren’t sure where to even start, your attorney can help you work through it.

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June 25, 2020 by admin

Child Support Modification: What You Need To Know

When a couple who have children together decide to split up, the court will usually order one or both parents to pay child support. This is to ensure that both you and your ex fulfill your parental obligations and the child’s needs are sufficiently met. Over time, your situation may change, meaning that the terms of the initial child support order are no longer reasonable. It is possible to modify a child support order, but it requires the court’s involvement and can be a complicated process.

If you are interested in a child support modification, here are some important things you need to know first.

1. Modifications Do Not Happen Automatically

There are a number of financial factors that go into the initial determination of child support, such as your earning potential and current income. However, if one of these factors changes, your child support order does not automatically modify. Except in limited circumstances, such as when the order contains a Cost of Living Adjustment clause, you must request a child support modification from the court.

2. There Are Two Methods of Child Support Modification

There are two ways to modify child support, but both involve the court. You and your spouse can negotiate a modification yourself. If you are able to come to an agreement, you must submit a request for a new order to the court and wait for a judge’s approval.

However, it may be that you and your ex-spouse are unable to agree on new terms. Your ex may be unwilling to negotiate in the first place. If that is the case, you can request a hearing and have the judge make a decision as to modification of the child support order.

3. Modifications Can Be Either Permanent or Temporary

Either you or your spouse may undergo a change of circumstances that may warrant a permanent child support modification. Such changes may be positive or negative; examples include a change in employment, a disability, or a remarriage. However, sometimes emergency situations can arise that can necessitate short-term modification, such as temporary unemployment or a medical emergency. When requesting a modification, you can indicate whether you wish it to be permanent or temporary.

4. Hiring an Attorney May Be Beneficial

Though you can submit a request for child support modification yourself, it may be helpful for you to hire an attorney. The requirements to request a modification vary by state, and you may not be aware of everything you need. A knowledgeable attorney can help you to gather the necessary documentation and avoid mistakes that could unnecessarily delay the process.One of our child support lawyers at PIOLETTI PIOLETTI & NICHOLS, can provide the assistance you need.

Filed Under: Uncategorized

June 23, 2020 by admin

Filing a Lawsuit After Health Insurance Covered the Medical Costs

Personal Injury Lawyer

When someone is injured in an accident, it can have serious repercussions for one’s life. If you have found yourself in this situation, you may be looking for a way to pay your medical bills. If your health insurance provider already paid for some of your medical bills, are you allowed to sue the responsible party?

If you have already settled your insurance claim and your health insurer has paid for your medical bills, you typically can’t sue for more. Settling an insurance claim is a binding contract that generally prohibits you from seeking more compensation from the at-fault party. There are some exceptions to the rule, and you should understand those to see if you still have a shot at more.

A Fraudulent Settlement

There are some cases in which you enter into a settlement under false pretenses. If the insurance company offered your settlement in bad faith, it’s possible you can still seek for more compensation, but you’ll first have to prove the settlement was fraudulent. A personal injury lawyer can help you make the determination and file a lawsuit against the responsible party if you find yourself in this situation.

Suing a Third Party

It’s possible there’s a third-party individual or entity that is partially responsible for your injuries. In such a case, you may be able to sue that party, even if you have already settled with the insurance company. If you’re unsure whether there’s someone else responsible, your attorney may be able to help you track down a third party. If you find one or more responsible parties, you may be able to seek compensation from them.

For example, perhaps you were in a car accident with someone who was uninsured. Your health insurer may have covered your medical costs. Later, your car manufacturer might recall a part on your car, at which time you might discover that defective part played a role in your accident. You may be able to file a lawsuit against the parts manufacturer or the car manufacturer.

Learning More

Every situation involving an injury is unique and will require a fresh set of eyes to determine if you can file a lawsuit after receiving a payout from health insurance. It’s possible the insurer will put a lien on your settlement if you do sue another party, so keep that in mind as well. To learn more, call a personal injury lawyer, like a personal injury lawyer from John K. Zaid & Associates, with experience dealing with situations similar to your own.

Filed Under: Uncategorized Tagged With: personal injury lawyer

June 22, 2020 by admin

Be Cautious of Car Accident Settlements

Any car accident ruins your day. Whether you were heading home from work or out running errands, hearing that smash of metal is terrifying. It can also leave you with serious injuries.

When that happens, you deserve compensation to help you get better. A lawyer, like a car accident lawyer from Barry P. Goldberg, can help guide you through the process to help you maximize your compensation.

Car Accident Causes

There are many causes of car accidents. Most are caused by some human error, including:

  • Driving under the influence of drugs or alcohol
  • Distracted driving
  • Drowsy driving
  • Failure to yield
  • Speeding
  • Aggressive driving

No matter what caused your car accident, it’s important to remember that you did not play a part. Because of that, you should also not bear any responsibility for the medical bills you may face to help recover from your injuries. That should be the sole responsibility of the at fault party. The best way to help hold that person accountable is to work with a seasoned personal injury lawyer.

Settlement Offers

Settlement offers can sometimes come quickly. This may give you some hope that the end is near. But it’s those quick settlements where we urge the most caution. 

Your interests and the interests of the insurance company representing the at fault party are not aligned. Your interest is to maximize your financial recovery so you do not end up in financial hardship because of an accident you did not cause. The insurance company’s goal, however, is to keep as much money in their pocket and out of yours as possible. 

They do this by offering you a quick, low ball settlement offer hoping you won’t consider all of your future expenses. If you sign the offer, you may even waive your right to bring any future claim against the insurance company for this accident. That means when you realize the settlement funds were not enough to cover all of your expenses, it’s too late. 

But when you work with a trusted car accident injury lawyer, your interests are given the attention they deserve. As your lawyer, we can negotiate with the insurance company on your behalf and work hard to get you the compensation you need to get back on your feet.

Damages to Fight For

Collecting damages is one way you are able to minimize your financial responsibility for your injuries. You may be able to recover compensation for:

  • Pain and suffering
  • Emotional distress
  • Lost wages
  • Lost earning potential
  • Loss of companionship
  • Medical bills
  • Rehabilitation costs

To make sure you do not pay a dime out of your own pocket for these bills and financial losses, you need to hold the at fault party liable for your injuries. The best way to do that is to work with a trusted personal injury attorney who can aggressively defend your rights.

A Law Firm Gives You the Confidence You Deserve

Attorneys know it’s a confusing time after your accident. They have helped many clients just like you recover from their injuries, hold the at fault parties liable, and recover damages for their suffering. Contact a law firm today to get started.

Filed Under: Uncategorized Tagged With: car accident lawyer

June 22, 2020 by admin

You Are Not Always Stuck With a Defense You Don’t Agree With

Personal Injury Lawyer

You are vulnerable when standing trial. Prosecutors and investigators seem out to get you, and your defense team can seem disinterested in claims being made. However, most feelings of conspiracy are unfounded. Your attorney is doing the best they can to protect you from a maximum sentence, but sometimes their approach will appear different from yours. It is not uncommon for a defendant to question the loyalty and accuracy of their attorney, especially in felony cases. Thankfully, if trust has eroded past the point of fixing, you may not have to stick with your current defense strategy or team.

Private Lawyers and Law Firms

Removing a lawyer and re-strategizing is much easier when dealing with a private attorney or law firm. When you hire an attorney, you sign a contract with that lawyer or firm. In the agreement, you will often find a termination clause, stipulating under what grounds you can fire your lawyer. Many law firms do not require any grounds for termination. However, if you let your attorney go mid-trial, you must pay for their time and effort.

Court-Appointed Attorneys

The process for removing a court-appointed attorney is not as simple as hiring someone new. You need to request a replacement from the court, but you must stipulate the cause. If you do not show an adequate reason for a replacement, the court may deny your request. A judge may also deny your request if they feel that a new attorney would hurt your case or bias a jury against you. A judge may also be reluctant to grant new representation if you are further along in your trial.

Judges and Juries

Criminal trials are not only reliant on facts but perception. While a judge knows to limit their focus to only the evidence, a jury is not as enlightened, especially with legal team changes. To protect the integrity of the trial and the perception of a defendant with a jury, a judge can intervene if they feel changes in defense tactics or personnel could lead to a mistrial.

You have a right to a defense of your choosing, in most instances, but removing lawyers from a trial is not always easy. Obviously, a private firm will provide more flexibility, but a public defender may restrict your options. However, whether private or court-appointed, know that your lawyer is looking out for you. Contact a criminal lawyer, like a criminal defense attorney from the Morales Law Firm, for more information.

Filed Under: Uncategorized Tagged With: personal injury lawyer

June 18, 2020 by admin

Do I Really Need a Will?

Personal Injury Lawyer

A will is a legal document that outlines who gets your assets after you die. There are many myths about wills. We’re here to combat your arguments.

I Can Just Tell My Family What To Do or Create My Own Will.

Many people think they can write out their own will or just give verbal instructions. Crafting your own will can be fine, but if it doesn’t hold up to legal standards, you’ve just wasted your time. Giving your family instructions is fine, too. There’s no guarantee that your family will abide by your wishes. Having a legally binding will ensures your wishes are carried out.

There Will Be a Reading of the Will.

The reading of the will is a plot device for movies and books. It’s rare that you’ll find a reading of the will in real life. Your family can read the will if they choose, but anyone who wants to go to probate court can look up the information. A reading of the will was important in days past when information was hard to access. The funeral might be the only time distant relatives visited. Today, there are more avenues.

Only Old or Wealthy People Need a Will.

Tomorrow isn’t guaranteed for anyone, regardless of age. It’s not fair, but it’s true. You should have an estate plan, whether you’re 22 or 82. Sure, your estate plan at 22 will be widely different than that of an older person, but you still have possession that will need to be dealt with upon your death. If you’re living with a domestic partner, that person may not inherit anything unless you have a will.

I’ll Just Let The Government Take Everything.

Dying without a will doesn’t automatically give the government your belongings. The court must still abide by state laws that determine who inherits. Laws of intestate succession predetermine who gets your property. Generally speaking, the order is spouse, children, parents, siblings, aunts and uncles, and nieces and nephews.

I Can’t Be Bothered With Making an Estate Plan.

A lot of people think that creating an estate plan will just make more problems. It’s too time-consuming and costs too much. If you don’t spend time on your estate plan and will, it’s your loved ones who will pay. Probate court will determine how your estate is divided. You will probably have to give an executor a fee for managing your estate. It can take time to get the inheritance, as it must go through a process.

Make an appointment today with an estate planning lawyer, like an estate planning lawyer from Klenk Law.

Filed Under: Uncategorized Tagged With: personal injury lawyer

June 17, 2020 by admin

Things You Should Never Say to an Insurance Adjuster After a Crash

Dealing with the aftermath of a car accident can be stressful. If you’ve never had to deal with it, there are some procedures you aren’t familiar with. Speaking with an insurance claims adjuster is part of the ordinary course of events after a crash. Take a look at how you should handle the discussions.

Don’t Make Guesses

An adjuster is trained to gather information from the drivers to get a clear picture of the crash. However, as a driver who has been in an accident, you may not remember every detail. The adjuster will try to get you to guess or recall the answers to some of these questions to fill in the gaps in your account. Even if the adjuster is from your insurer, it is never a good idea to guess. Once you say something, the adjuster will take it as fact, and if you contradict it later, it will appear like you are hiding something. It is best just to tell the adjuster you don’t remember if that is the truth.

Don’t Admit to Fault

Remember that the insurance companies are businesses, and the last thing they want to do is pay out on claims. If you live in a tort or at-fault state, the adjusters will need to decide who caused the crash. That driver’s insurer will be responsible for paying the other driver’s damages. You may innocently apologize for the crash or for something you may have done or not done before it happened. An adjuster will take this as an admission of guilt, even if you are ultimately not the one responsible.

Don’t Give False Information

A recorded statement is something that can be entered into evidence at a trial. You are informed before you start speaking to the adjuster whether you are giving a recorded statement. You should never, in any conversation with an insurance representative, give false information. You may be nervous about the process and trying to protect yourself or someone else, but lying will land you in legal hot water.

Don’t Say You Are Fine

When an adjuster asks about how you feel, be honest. Tell them you are shaken, sore, or just not sure yet. If you tell an adjuster you feel fine, and then later discover you have an injury, the insurer will be less likely to pay the medical claim.

A car accident lawyer is someone who can help guide you through the claims process. Attorneys know how to handle adjusters and their sometimes tricky questions. Speak with a lawyer, like an auto accident lawyer in Trenton, NJ from Davis & Brusca, LLC, before an adjuster to allow yourself the opportunity to have the best representation during a claim.

Filed Under: Uncategorized

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